Garza-Wolski Vs. Wolski (Child Custody)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MAYRA JANETH GARZA-WOLSKI, No. 79148 Appellant, vs. FILED AARON RAY WOLSKI, Respondent.

ORDER OF AFFIRMANCE By DEPUTY CLERK

This is an appeal from a decree of divorce establishing child custody. Eighth Judicial District Court, Family Court Division, Clark County; Cheryl B. Moss, Judge. Appellant Mayra Janeth Garza-Wolski argues that the district court abused its discretion in awarding respondent Aaron Ray Wolski sole legal custody of their child, S.W. She argues that Aaron's alleged drug use justified her refusal to comply with the district court's orders that she return S.W. to Nevada. Although Mayra essentially asks us to substitute our judgment for that of the district court, we review the district court's determination of a child's best interest for abuse of discretion and will uphold it if substantial evidence supports it. Flynn v. Flynn, 120 Nev. 436, 440, 92 P.3d 1224, 1227 (2004). Substantial evidence is that which "a reasonable person may accept as adequate to sustain a judgment." Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 242 (2007). In awarding sole legal custody to Aaron, the district court considered the applicable best-interest factors under NRS 125C.0035(4). It cited evidence from trial and evidentiary hearings, including testimony that Mayra had physically withheld S.W. from Aaron for several years by refusing to return S.W. to Nevada and withheld photos of S.W. from Aaron SUPREME COURT OF NEVADA

(lb 1947A

Parraguirre

J. Hardesty

J. Cadish

cc: Hon. Cheryl B. Moss, District Judge, Family Court Division Law Offices of F. Peter James, Esq. Aaron Ray Wolski Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) I 947A asfap